People Of Mi V Devante Kyran Jennings, 165764

Jennings was convicted of carrying a concealed weapon after police stopped the car he was driving and found a loaded handgun in the glovebox. 1
At his first trial, the prosecutor argued that Jennings’s ending a police interview showed a guilty conscience and highlighted that other occupants kept speaking with police. 2
The trial court granted a mistrial after concluding the prosecutor had weaponized Jennings’s silence, then denied Jennings’s double-jeopardy motion because the prosecutor had not specifically intended to provoke a mistrial. 3
Jennings was convicted at a second trial, and the Court of Appeals affirmed under Oregon v. Kennedy’s intent-to-goad standard. 4
The Michigan Supreme Court held that Kennedy conflicts with Article 1, § 15 of the Michigan Constitution and adopted the broader Pool standard. 5
The Court vacated the Court of Appeals judgment and remanded for the trial court to apply the new state constitutional test. 6

Issue	Plaintiff's Argument	Defendant's Argument	Held
What standard governs retrial after a defense mistrial for prosecutorial misconduct? 7	The State urged Kennedy's intent-to-goad rule.	Jennings urged Pool's broader bad-faith/prejudice test.	Pool adopted; Kennedy rejected under Article 1, § 15. 8
Did Jennings's retrial violate double jeopardy under the proper state standard? 9	The State said retrial was proper.	Jennings said prosecutor's misconduct barred retrial.	Remanded for trial court to apply Pool in first instance. 10
Should Kennedy remain binding under Michigan constitutional stare decisis? 11	State argued Dawson and later cases require Kennedy.	Jennings argued those cases should be overruled.	Kennedy overruled; Pool adopted instead. 12

Oregon v. Kennedy, 456 U.S. 667 (U.S. 1982) (federal double-jeopardy retrial barred only when prosecutor intended to provoke mistrial 13)
Pool v. Superior Court, 139 Ariz. 98 (Ariz. 1984) (adopted broader retrial-bar test for intentional prosecutorial misconduct causing mistrial 14)
People v. Dawson, 431 Mich. 234 (Mich. 1988) (Michigan adopted Kennedy's federal standard for mistrial-based retrial issues 15)
People v. Nutt, 469 Mich. 565 (Mich. 2004) (Article 1, § 15 is generally construed consistently with then-existing federal double-jeopardy law 16)
People v. Smith, 478 Mich. 292 (Mich. 2007) (ratifiers intended Article 1, § 15 to track then-existing Michigan and federal double-jeopardy law 17)
People v. Ream, 481 Mich. 223 (Mich. 2008) (reaffirmed that Michigan's double-jeopardy clause matched the federal provision at ratification 18)
People v. Beck, 510 Mich. 1 (Mich. 2022) (recently reiterated that Michigan double-jeopardy analysis had tracked federal law 19)